On August 9, the Criminal Chamber of the Supreme Court of Justice will decide in a cassation hearing whether Jean Carlos Hernández Fuentes, who was sentenced to 36 years in prison as an accomplice in the crime of seven young people in “The Bunker Massacre” of Espinar, Colón, should really be condemned as an author, with the consequent more severe penalty.
The hearing date was set by Judge José Ayú Prado, rapporteur in the case. The appeal was filed by the Colón homicide prosecutor, Reynaldo Ceballos Góndola.
Jean Carlos Hernández Fuentes and Reynaldo Cuadra McBean were convicted of the murders of the Bunker Massacre, and also of robbery and deprivation of liberty; but the latter received a sentence of 50 years (as author), while Hernández only 36 years (collaborator).
In total 14 boys were his victims. Of that group, seven were ruthlessly murdered: Leidis Mabel Mariota Villagreta, Yeleni Mariota Villarreta, Santiago Carbajal Hormiga, Vladimir Garay Caparrosa, Edgar Jiménez, Azucena Martínez, and Julissa Martínez Daley.
The appeal was admitted by the CSJ on June 15, and the hearing date was set by Judge Ayú Prado at the end of July, after receiving a concept of the case from the Attorney General of the Nation, Javier Caraballo.
In this opinion, attorney Caraballo points out that the Columbus Trial Court made “an erroneous application of the law, concluding in its ruling that the mitigating factor that refers to effective collaboration was applicable to the sentenced person.”
It also points out that Jean Carlos Hernández Fuentes confessed to the witness Leroy Luis Ampudio that he had been involved in the death of the young men, which does not reconcile with what was stated by the Court to apply the mitigating factor.
In addition, the court ignored that two of the surviving victims narrated how Jean Carlos Hernández Fuentes actively intimidated, dispossessed and deprived them of their liberty, and incited them to commit the homicides before reaching the bunkers.
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